Veterans Outraged by DVA’s interpretation of S13 (4) of MRC (CTP) Act 2004 – Decision by the Federal Court on DVA’s interpretation to be handed down soon.
Currently under the offsetting rules referred to in the title, the following situation can happen:
- A member breaks his/her right wrist whilst on deployment pre July 2004
- Member is assessed for compensation under SRCA at 10% for loss of right wrist
- Member redeploys post July 2004 and breaks left (other) wrist
- DVA assess new broken wrist and determine 10% loss
- DVA then use a formula to determine overall loss
- Astoundingly , DVA offset previous payment for broken right wrist against broken left wrist – Veteran receives no further compensation.
For more information regarding offsetting of injuries by DVA and Military compensation generally contact Dean Wright, Solicitor, on 1300 174 247.
For more information, contact info@wrightlawyers.com.au
